IN RE - SHOWING OF NEED - JUVENILE DELINQUENCY ADJUDICATION UNDER THE NEW YORK FAMILY COURT ACT

• NCJ Number: 18550
• Journal: New York State Bar Journal Volume: 46 Issue: 2 Dated: (FEBRUARY 1974) Pages: 105-112
• Author(s): C D GABRIEL
• Date Published: 1974
• Length: 8 pages
• Corporate Author: New York State Bar Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE AUTHOR ARGUES THAT CONSTITUTIONAL SAFEGUARDS SHOULD BE EXTENDED TO THE NEW YORK JUVENILE DELINQUENCY HEARING TO DETERMINE WHETHER THE RESPONDENT REQUIRES SUPERVISION, TREATMENT, OR CONFINEMENT.

Abstract

THE U.S. SUPREME COURT HAS EXTENDED DUE PROCESS TO THE JUVENILE, BUT EFFECTIVE ONLY DURING THE ADJUDICATORY NOT DISPOSITIONAL, STAGE OF JUVENILE PROCEEDINGS. ALTHOUGH IT IS TERMED A 'DISPOSITIONAL' HEARING, THE AUTHOR ARGUES THAT THE HEARING TO DETERMINE WHETHER THE RESPONDENT REQUIRES SUPERVISION, TREATMENT, OR CONFINEMENT IS ACTUALLY AN ADJUDICATORY PROCEEDING, SINCE A JUVENILE CANNOT BE ADJUDICATED A DELINQUENT WITHOUT THE FINDING OF SUCH A REQUIREMENT. HE STATES THAT THE ACKNOWLEDGEMENT OF THIS HEARING'S NATURE AS AN ADJUDICATORY PROCEEDING COMPELS THE APPLICATION OF THE DUE PROCESS CLAUSE AND ITS PROTECTIONS. THE VARIOUS CONSTITUTIONAL SAFEGUARDS WHICH ARE DENIED TO THE JUVENILE UNDER THIS TYPE OF HEARING ARE REVIEWED. AMONG THE PROPOSED SOLUTIONS TO THIS SITUATION ARE: THE APPLICATION OF DUE PROCESS CASE LAW TO THESE 'DISPOSITIONAL' HEARINGS; THE EXTENSION OF PROCEDURAL SAFEGUARDS ALREADY CONTAINED IN THE LAW TO THE ENTIRE ADJUDICATORY STAGE, INCLUDING THIS TYPE OF HEARING; THE CREATION OF A PRESUMPTION THAT THE RESPONDENT REQUIRES SOME FORM OF SUPERVISION, TREATMENT, OR CONFINEMENT WHICH WOULD SHIFT THE BURDEN OF PROOF TO THE RESPONDENT; OR REMOVAL OF THE REQUIREMENT THAT THE JUVENILE SUFFER THE CONDITION OF NEED.